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Filed – First Amended Complaint 10 May 10

11 Third Amended Complaint nevada

16 Third Amended Complaint Nevada

One is the MERS recording fee qui tam and the other is for false claims of tax exemption made to avoid payment of transfer taxes on foreclosures taken by Fannie and Freddie.  One week after Fannie was served with the NV transfer tax qui tam, the Federal Housing Finance Association ordered Freddie and Fannie to de-list from the New York Stock Exchange.  Please note in the transfer tax complaint which lays out the factors the courts have looked at in determining without exception going back to the 1970’s that Fannie and Freddie are not tax-exempt for purposes of state transfer taxes.  The 9th Circuit so ruled in 1996.  Robert Hager, Esq. estimates the penalties and treble damages for unpaid taxes in the transfer tax case in NV to be $300 M to $500 M. 

38 Responses

  1. Can we please have citations to forward to our county recorders and prosecuters——this treatement should be accorded many such transactions. This is a legitimate source of revenue for counties-that are required to layoff prosecuters and court personnel. This is the appropriate response for them and they can hardly ignore it. I will provide it to all my County officials including County Commissioners—the Tea Party may not feel sorry for defaulted homeowners-but they dont like banks to evade taxes either. Unlike the fereral govt, counties cant be so generous because they cant just print money. It is our duty as citizens to bring this to the affected persons.

  2. we’re not going down that rabbit hole again are we?

  3. Holy Cow. I’ll be posting that.

    On a lighter, but related note, you gotta love AZ Politico Marshall Home:


    “Lenders are gangsters, and they can’t prove they own these homes. So they have no right to foreclose,” said the 80-year-old self-professed billionaire from his real-estate and political office in Tucson on Tuesday. “I plan to continue to take homes from Fannie Mae and Freddie Mac. I would buy them, but those groups(Fannie Mae and Freddie Mac) can’t produce the notes showing they are the rightful owners to sell or foreclose on them.” (more at link).

  4. Praise God and pass the ammo. Someone has finally argued that “MERS” (aka ‘member-employee) acted for a non-MERS’ member.
    Not quite the context I have been dreaming of, not alleged current beneficial interest is held by some non-MERS’-member trust, but still one of those bricks in the wall to knock down. B Davies did this in his appeal brief.
    I don’t know why attorneys don’t bring up the fact that notes are owned by non-member trusts and or make the other guys prove everyone in the chain of the note’s ownership was a MERS’ member. MERS (again read ‘member-employee’) can’t do jack when the note is owned by a non-member or was owned by a non-member because MERS is toast.

  5. Hi guys, the wrong “inside job” u tube is in here, this is not the u tube William Black is talking about, if you click it after he and the director of the movie discuss it, if you follow firedog lake.com and then mox news, and press “inside job” it’s not.,

  6. Thanks for that, BSE!

    Bill Black is right on—crony capitalism/crony corruption have created the “controlled fraud” followed by the “controlled cover-up” of the ubiquitous fraud…thanks to Mr. Wonderful Larry Summers and others…who made LOTS of money because of deregulation.
    THEY ARE DIRECTLY RESPONSIBLE for the despair that surrounds us…and then they say, “What despair?”.

    Keep fighting—never give up—never surrender!!!

  7. Shelly, I see all the time, if I put in a deposit at 9am, to clear that night at 12pm, and a check also comes through that evening, Chase will pay the check, Bless them, but charge $35, because the check they always say came in before the funds were settled.
    I use to think the Banks did not need our little $35. so help us out here, benefit of the doubt, the funds were settled and give me back my $35. but if my grandmother had wheels, she would be a wagon. The only answer is to change Banks, all of us, maybe then they will listen.

  8. If we applied for a modification and paid it for 7 months before being told not to send in any more money, and in fact our “we are not your Lender” sent us back a check for a few thousand dollars before putting us in default, says we never paid a cent for 2010, but sent us receipt for income tax purposes for $16,000 in interest payments, for 2010, is that Qui Tam??

  9. More from Bill Black

  10. Unleash Bill Black

  11. Neil has a letter for you to fill in the blanks that is disputing identity theft for your mortgage. When you signed your name and gave your drivers license and social security number you thought you were giving it to the party loaning you the money, when the party was in hiding and was passed your identity afterward without your knowledge. It is on one of his blogs or somewhere. I copied it down and sent it in the mail ASAP. There are identity theft law in your state to protect you against this crime. If you have credit cards you may investigate this also with a forenzic audit. I would like to get them where it hurts. Cut all credit cards and tell them to close your accounts. You do not want to trust thieves with your identity, nor be in debt to these banks. The money they can produce money out of thin air keeps you in their debt. You are a debtor. They are laughing all the way to their yacht.

  12. maybe the credit cards can be taken care of by more lawsuits. Like these: See stopforeclosurefraud.com “Uh-OhI Did” Robo signing ” cause JP Morgan Chase to Abandon over 1,000 credit card debt lawsuit? and …Chase Bk v. Gergis. When the banks have greedily ponzie schemed in the mortgage industry they have to be in deep in the credit card scams as well. They left no leaf un turned. I have thought all along the banks are probably the worst identity thieves there are. They have nothing to loose when they make money out of thin air. I need to look up the cartoons that explain how the banks make money out of thin air. They started out in England loaning twice the money out for the gold they had in the vault. Then it went to nine times the money they had in the vault. Recently I have heard rumors that went to twelve times, that is known of and perhaps much more because of the ponzie schemes on top of the money they have in the vault. For every dime you put in your account or a loan you take out they are able to loan nine to twelve times the airborne money. That is why they want your signature and your savings and a minimum in your checking account. I caught one of my banks holding my deposits for ten minutes while they nsf my checks that were covered ten minutes later. I write a lot of checks and used to bring in a huge amount of money on a daily basis. I went to the bank and asked how I could have a bunch of checks go bad the same day I had ten thousand in the acct. the banker said this is wrong and credited me everything back. He started finding this issue a lot with his accounts and now is at a different bank. I am sure they hold funds to steal and do everything in their power to steal.

  13. An article from “mortgage servicing fraud”
    Business Insider picks up The Unbelievable Story Of The Queens Man Who Fought Foreclosure And Wound Up Dead
    Centex–the issuer of the bogus mortgage–ignored the police reports as well as the evidence and foreclosed on the house.

  14. Because I never talked to any debt collection company to agree or get tricked into an implied debt or agreement. Never. Because those collection companies bought my debt and they want me to somehow agree to the fact that I owe, now them some money. Of which I owe no collection company money as they have never lent me money, there is no consideration, there is no harm done, as they bought the debt, they did not lend it to me so they have no loss or harm. They bought the debt of their own free will to TRY to collect of it. It’s all just business.

  15. Listen up:

    If somebody is scamming you to pay a debt of which you KNOW nothing about, you know you never bought something on your credit card or loan from so and so company, why you use DEBT Validation letter, per FDCPA rules from the Fed and your STATE statutes. That makes sense, right? Collection Company says you owe this amount, so prove it and that is done via Debt Valid Letter. Makes perfect sense. That is cool.

    “Remember that legitimate debt collectors should be able to provide you with written proof of a debt. They are not allowed to use profanity or threaten you with violence or arrest, and they must follow rules about when and how they contact you.” from


    and numerous other places. What are the rules, they are FDCPA. Right?

    Now, ask yourself this question and this scene. I defaulted on a credit card debt of let’s say $5k. And that debt is written off by the credit card company, let’s say Chase Credit Card. But you don’t know that, they don’t tell you. Let’s say 6 months goes by, and during those 6 months why Chase finally said via a letter, maybe 4 months into default, pay $3k and all is good. You still ain’t got that $3k. So a few months goes by, and next thing you know, why you get a collection letter from MCM Collections or Sam Lawyer, LLC (this is a communication from a debt collector as we sometimes…….blah blah blah). This letter tells you original creditor is Chase. This letter says pay $2k now and all is good, or maybe even 500 for the next 5 months, whatever. What you don’t know is whether the Collection Company bought your defaulted debt for pennies on the dollar or if Chase ASSIGNED them your debt to collect. You don’t know this, nobody tells you.

    So, question, why on earth would you send a debt validation letter to this collection company? You know you owe the original $5k to Chase, the original creditor. Right?

    So why do we have this:

    “”Debt collectors’ ability to contact consumers is the greatest challenge in debt collection,” Fredrickson said in an email.”


    Why do debt collectors NEED TO TALK TO YOU? WHY?

    They should just be able to file a civil lawsuit. Right? But WHY DO THEY NEED TO GET IN CONTACT WITH YOU? WHY?

    I’ll tell you why. SO they can get you to agree to the debt, THAT THEY BOUGHT.

    So, if they can not get in contact with you, what happens? How come the credit cards I defaulted on, of which I never responded to any debt collection letter, just ignored it all, how come nothing has happened? How come the debt collection companies have changed hands on the same debt 3 times now? How come?

  16. http://www.huffingtonpost.com/2011/06/28/bank-of-america-nears-85b-mortgage-settlement_n_886412.html

    “The largest U.S. bank by assets has been fighting claims by a group of 22 investors over the housing-related securities it packaged and sold before the financial crisis. The investor group includes BlackRock Inc, MetLife Inc and the Federal Reserve Bank of New York.”

  17. Here’s a solution to the scam:

    Throw away your god damn credit cards, close your accounts and never use those things.


  18. 6 months – should be 1 day —-I guess better than the 5 years. Just goes to show the actual value of your debt dollars.

    “Las Vegas attorney Jamie Cogburn, who specializes in consumer advocacy law, says that under the old law, creditors had up to six years to proceed against former homeowners. He says the new law gives creditors just six months to go after debtors for debts not covered by the proceeds of a foreclosure.”


  19. and Fannie Mae is threatening us Americans for walking away from our houses, when we have fought to save the homes all their corruption has caused us to be indanger of loosing. Here is a letter I could not have written better and agreed with more.

    There is a new comment on the post “OHIO Says Enough! 9 Indicted from ARGENT MORTGAGE “.

    Author: Donna Fasi
    This response is my reaction to the news on June 23 that Fannie Mae is going to punish borrowers for walking away from their homes. Do your homework. Millions of borrowers from every walk of life TRIED to work with their servicers for MONTHS and MONTHS prior to ultimately losing their homes to foreclosure, or walking away because they had no other choice. This scenario happened thousands of times, people called the banks for a work out, repeatedly, and could not get help because bank servicers could not or would not implement policies and procedures for handling the volume of borrowers in trouble and assign caseworkers individually to borrowers. Servicers repeatedly lost paperwork, dragging the loan modification issue on far longer than it needed to be to help borrowers, and in 90% of the cases, waited so long to start the load modification process that the borrower was dragged into foreclosure proceedings. I am incensed that you and this agency feel it is necessary to punish borrowers who “have the ability to pay”. Why should a borrower continue in a property that is upside down nearly 50% paying interest only for the next thirty years. Why can’t Fannie Mae write down the principal to the assessed value of the home and then work a loan modification, and do it in a timely manner, like 45 days? Your government agency is contributing to the problem by making things harder for unemployed and underwater homeowners, many of whom are the victims of mortgage fraud in the first place! Taxpayers bailed out banks and your agency and this is how they are repaid? The concept of punishing unemployed and underwater borrowers who have suffered the last three years because of Wall Street greed and gambling with their homes is sickening. And to further the problem by initiating policies that keep a borrower from buying a home for seven years is unconstitutional. A person has a right to buy a home under any circumstances, it is not your agency’s right to decide when and where or under what circumstances an America!
    n citize
    n can purchase a home. You need to remember where you are, who pays you, and what your agency is there for. I will not stand by and watch this agency cripple the American people by creating rules and policies that ultimately will cause more challenges and lawsuits in the courts. This new decision your agency made against homeowners is a BAD policy. It has not been capably researched and does not do anything to assist the underwater borrowers whose homes lost their value through no fault of their own. The best thing you can do is abandon this policy, and come up with something that writes down the principal in a speedy modification, and if the borrowers are unemployed with no prospects for employment in the near future, offer them some options to purchase the property at a fair price that enables them to buy another home free and clear somewhere else, or you make the payments so low they can continue to live in the house, this means principal write downs of 30-70%! Since most of the servicers, banks and government agencies have already benefited from these mortgages going into default through mortgage insurance, securitization and other means, THERE IS NO HARM DONE TO FANNIE MAE OR THE SERVICERS. Everyone is well aware of this, nobody is losing anything by writing down the mortgages and slashing principals far below their current value. If you will stop trying to profit from this mess and start trying to make a concerted effort to help all borrowers (whether they can pay or not), the first thing to jump start the economy again is to get these borrowers paying at a level they can afford, and this means not paying 30% of their gross income to a mortgage, it means paying 15% or 10% of their gross income to their mortgage. Increasing disposable income starts the economy again, you are all acting like greedy idiots that have no place in running any agencies. I could do your job with my hands tied behind my back and get further in twenty days then you have done in four years. This new policy is unconscionable a!
    nd deser
    ves to be trashed. I will do everything in my power to get this policy of punishing borrowers for walking away from their homes eliminated. YOUR AGENCY AND LOAN SERVICERS CAUSED STRATEGIC DEFAULTS! AND NOW YOU WANT TO PUNISH THE HOMEOWNER? I’ll spend the next ten years of my working life along with millions of other Americans fighting you and lobbying to eliminate your agency for behavior like this. Your agency was created to help homeowners, not punish them. I am forwarding this email to every blog and foreclosure defense website I can find, I hope they all get on board and raise the biggest stink you ever heard.


    Donna S. Fasi, President
    Accounts Receivable Solutions LLC
    Gypsum, CO.

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  20. With all due respect Tolle Sarah Palin is not our commander in cheif and 2nd she is a she. lol

    Since the disclosure of sexy Palin’s robo-signe­d new house there has been NO discusion in the media about the fraudulant attack on her home. I can’t belive both the oppents of Palin and Palin herself have so completely shut up about the fraud. What does this say about the media and the polictical party? I think it says they are all bought and paid for. I wonder just how they are going to sweep this under the rug. Or, are they going to just ingnore it and hope it goes away? lol
    Either way, democrate or republican­, and the news itself, is showing it’s fear of MER and big money. This whole mess has political ramifications and it shouldn’t. It’s just a person who has been the victim of fraud who has a built in audience. Pro or con about Sara Palin, she is a victim. Let’s not make it political and make it what it is really about. Big business thumbing their nose at us all.

  21. From the frauddigest link:

    “July 29, 2011, may be the day that Brian Burnett and OneWest are held accountable for the thousands of mortgage assignments – with false statements regarding the history and ownership of mortgages – presented to courts to foreclose.”

    Hopefully this kind of thing will start happening more and more with ALL of the companies/criminals involved!



  23. @e.tolle – 2 of the 3 complaints linked are the recording fee cases. the third, and potentially the most damning of the bunch, relates to the transfer tax they’re trying to claim exemption for by assigning the foreclosed property to fannie or freddie. that one seems to be the smoking gun

  24. @ tnharry,

    This isn’t about recordation, it’s about the clear black letter law that these entities aren’t exempt from the taxation from each transfer. That’s a whole diiferent ballgame…as a matter of fact, it’s a gamechanger.

  25. qui tams are a bit of a joke, kind of like big class actions. the lawyers get paid and there’s not very much else that happens.

    the whole idea that mers is stealing from the counties and states by not recording assignments falls apart unless you happen to be in a state that requires them to have been recorded in the first place.

  26. Tar and feathers is too good for them…

    If anybody wants to spread the word with bumperstickers, posters, or t-shirts that say:

    Homeowner Warrior
    Got M.E.R.S.?

    here are the links:



  27. @E Tolle

    “This time we’ll need to hold our so-called representatives hands and feet to the fire explaining that if they try and use our money again to bailout the criminals on Wall Street, we will revive the age old technique of coercing elected officials through the use of pitch tar, chicken feathers, and transport on rails out of town, a strategy that has worked extremely well in the past. I volunteer for any of the above jobs….no need for pay. It’s a small sacrifice for my country.”


  28. @enough already
    You pose an interesting question. A third party who is not the lender, does not own your loan and may not then legally “modify” it, tells you to default before you will be considered for HAMP modification. Some of these rules come from FNMA and they are available at FNMA’s website. Any chance you would read FNMA’s mandates on ‘modification’? Your loan may not be a
    FNMA loan, but this info will nonetheless be instructive.
    I think it’s that when you call the bankster, they have to see how some formula to determine the ‘net present value’ stacks up against working with you. As I said, that info is available at FNMA’s website. They have to first of all find out the true status of your note – where it might be and who owns it. That’s why you get the bum’s shuffle when trying to modify, or one of the reasons, anyway. That takes them awhile.

    I don’t know if you don’t get the alleged mod after in good faith you defaulted
    (hurts my head and heart, that one – a good faith default -) if since you have now trashed your credit you would have a cause of action against that party I see as a third party. No one except the note owner has a legal right to
    “modify” your loan. If you didn’t get your original note back and sign a new one with the mod terms, your loan is not really modified. Your payments may be modified and you have entered into a separate contract with the third party is all. The only way that’s a defense agains the noteowner if the third party ever files bk or otherwise stops making your subsidy payments
    is if you could prove the third party was the agent of the noteowner and I don’t believe that relationship exists.

    The third party, if you did try to bring an action against them, would likely just say you didn’t qualify, there was no PROMISE of performance on its part.

    But, back to your original issue. Should you default because that’s what you’re told you must do to be considered for modification? I don’t believe you must be in default to be considered. You may have to be in imminent danger of default pursuant to FNMA’s rules, but that doesn’t mean that requirement is part of the contract the bankster signed to get the HAMP gimme funds. So where does that leave you? You can’t make any kind of informed decision without more info, and the only good trail I know is at
    FNMA’s website. That information may be useful if saying “look here the rules say this or that” when they don’t “modify” your loan. Otherwise, with the current state of affairs, I don’t know what leg you’d have to stand on unless you want to litigate. And that info isn’t a legal leg, either; it’s just info
    to throw at them when they turn you down.

  29. spankieblue, everyone’s already forgotten the fact that our so-called commander in chief was also the victim of robo-signing on his Chicago digs. I’m sure he just sent out some men in black with a neuralizer to fix the fraud. POOF! All better now.

  30. Since the disclosure of sexy Palin’s robo-signe­d new house there has been NO discusion in the media about the fraudulant attack on her home. I can’t belive both the oppents of Palin and Palin herself have so completely shut up about the fraud. What does this say about the media and the polictical party? I think it says they are all bought and paid for. I wonder just how they are going to sweep this under the rug. Or, are they going to just ingnore it and hope it goes away? lol
    Either way, democrate or republican­, and the news itself, is showing it’s fear of MER and big money. This whole mess has political ramifications and it shouldn’t. It’s just a person who has been the victim of fraud who has a built in audience. Pro or con about Sara Palin, she is a victim. Let’s not make it political and make it what it is really about. Big business thumbing their nose at us all.

  31. I can’t see these suits succeeding. They’re going to have a very steep uphill battle meeting the requirements of qui tam….that is….having information not in the public realm. There’s nothing new under the sun here.

    But it does open the floodgates for other firms having the light bulb moment when they understand the concept that yes, courts across the nation are ruling left and right about whether or not assignments need to be recorded and when. But that has nothing to do with the fact that each and every one of these assignments is in fact owing on the transfer tax. Ching ching Mr. Dimon. Pay bank tax or go straight to jail. Do not pass go.

    This fact, combined with the increase of investor lawsuits will finally bring this nasty boil to a head. The elite will argue the same old meme about needing their cake and wanting to eat it too (as they’re doing all over the Eurozone as we speak) that they need protection once again from our government in the form of more bailouts since they’re ill prepared to weather the storm. They’ll even stoop so low as to send Geithner, Bernanke, and their GOP bitches before CONgress once again saying how it’s TEOTWAWKI….pay up the taxpayer’s dollars.

    This time we’ll need to hold our so-called representatives hands and feet to the fire explaining that if they try and use our money again to bailout the criminals on Wall Street, we will revive the age old technique of coercing elected officials through the use of pitch tar, chicken feathers, and transport on rails out of town, a strategy that has worked extremely well in the past. I volunteer for any of the above jobs….no need for pay. It’s a small sacrifice for my country.

  32. We need lots more of this type of suit. Qui Tam across the entired U.S. That will bring the monsters to their knees.

  33. Read the last line again this is interesting, hopefully crimes before that time are somehow protected, any lawyers got any info on this?

    In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed. Its name is an abbreviation of the Latin phrase qui tam pro domino rege quam pro se ipso in hac parte sequitur, meaning “[he] who sues in this matter for the king as [well as] for himself.” A more literal translation would be “who as much for [our] lord the king as for himself in this action pursues” or “follows.”

    The writ fell into disuse in England and Wales following the Common Informers Act 1951 but, as of 2010, remains current in the United States under the False Claims Act, 31 U.S.C. § 3729 et seq., which allows for a private individual, or “whistleblower,” with knowledge of past or present fraud committed against the federal government to bring suit on its behalf. There are also qui tam provisions in 18 U.S.C. § 962 regarding arming vessels against friendly nations, 25 U.S.C. § 201 regarding violating Indian protection laws, 46a U.S.C. 723 regarding the removal of undersea treasure from the Florida coast to foreign nations, and 35 U.S.C. § 292 regarding false marking. In February 2011, the qui tam provision regarding false marking was held to be unconstitutional by a U.S. District Court.[1]

  34. and that is just CA and NV, think about that for a millisecond

  35. simon- i believe qui tam is like a “whistle blower” suit filed by private citizens on behalf of the state. i may be wrong, but i believe it is along those lines.

  36. hi all new revelation on 4-closure fraud last night. we all need some case law here. in bank modification fraud. we were told before the servicer will help us and we could apply for hamp we had to be in eminent default. rules were changing daily and most of us wanting to save our homes, even though we had never intentionally “EVER” missed a mortgage payment were “TOLD” to do so now. even back in 2009 i called wells fargo thqat i lost my job they had me sign a forbearance agreement. this year we were all told we had to be eminent default. which in all intent purposes means we had to “BREAK OUR CONTRACT” to qualify for hamp whicj now we are finding out from many entities that was not so. that is not written anywhere in the hamp regulators. it was puxh to dual track most of us closer to foreclosure. so if an entity you bear a contract with tells you to break that contract doesnt that “NULL AND VOID” the contract. i a not a lawyer i am a nurse and will leave in a few minutes to go see my patients. i hope someone can answer this question and most of in this modification fraud can save our homes . thank you in advance

  37. what the hell is a Qui Tam?

  38. Attention! Attention!

    We are filming on a documentary called
    “Smoke And MERS

    If you are interested in telling your story, now is your chance.

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